Results of Previous Court Cases

State vs. John Doe (2011)

The defendant, an Emory student, was charged with DUI and leaving the roadway. At about 3:00 am, the defendant and two friends left a bar for home. At a steep curve over a hill, the car fishtailed and spun into a wall. All three were shaken up – the two passengers, one of whom was bleeding, got a ride to the hospital. The defendant stayed on the scene. A policeman arrived and smelled alcohol on the defendant. The defendant admitted he had been driving the vehicle but claimed that he had swerved off the road to avoid an oncoming vehicle. Despite the obvious injuries, the officer performed field sobriety tests. The defendant failed all three according to the officer. The defendant refused a breath test. None of the tests were videotaped. The officer was thoroughly cross-examined. There were several inconsistencies. The defense called an expert on field sobriety tests. After a two-day trial, the defendant was found not guilty of DUI, and not guilty of leaving the roadway.
State vs. Jane Doe (2011)

A twenty-one year old Emory coed was riding with a friend back to her apartment. They stopped at a McDonalds, where the defendant got out and approached the restaurant, only to find that they had closed. As she was returning to the car, a DeKalb police officer approached and detained her, smelled alcohol, and proceeded to question her. She was placed in the back of the police vehicle and became upset. The officer charged her with public intoxication. Mr. Roberts showed that she did not meet the criteria for public intoxication, according to the statute, and all charges were dismissed.

State vs. John Doe (2011)

A nineteen-year-old Emory student was walking home from a bar at 2:00 am. As he was crossing a busy street he was approached by a DeKalb police officer who allegedly smelled alcohol on his breath. According to that officer, the defendant was acting belligerently. He was charged with public intoxication. The charges were dismissed by the state after Mr. Roberts showed that the facts did not meet the statutory definition of public intoxication.
State vs. John Doe (2011)

A man who immigrated here from Vietnam was stopped by Gwinnett police for allegedly weaving on I-85. A subsequent set of field sobriety tests resulted in his arrest for DUI and failure to maintain lane. Mr. Roberts had an expert in field sobriety tests review the video. There was an obvious language barrier in the defendant’s communication with the officer’s instructions. After presenting an expert witness’s written report of the field sobriety tests and police encounter, the state dismissed all charges.
State vs. John Doe (2011)

A member of the armed forces, who was on leave from military service, was visiting Atlanta. He left a bar in Virginia Highlands after drinking beer. He crashed his car into a wall in a quiet neighborhood. No one was injured. When the police arrived he was asleep in his vehicle. He at first refused a breath test, but later agreed to give one. A breath test was never administered. He was charged with DUI. After presenting additional evidence to the solicitor, the DUI charge was dismissed by the State.
State vs. John Doe (2011)

An Atlanta businessman who renovates and rents houses was investigating a house that had obvious fire damage. He had been playing golf and stopped by this house to see if he might try to purchase and renovate the house. It appeared to be abandoned. The defendant entered through a broken window, but before he got fully inside, was confronted by the apparent owner who was wielding a gun. The home owner called the police and the defendant was charged with burglary. After proving to the State that this house did, indeed, appear abandoned, and also proving that the occupation of the defendant was purchasing and renovating houses, all charges were dismissed.
State vs. John Doe (2011)

The defendant was accused of raping an eighteen-year-old acquaintance of his daughter. The defendant was sixty-eight years of age and in poor health, though he was able to work full time. The accused and his wife of thirty years had allowed the complainant to stay at their house for a week, after her own father had kicked her out of his home for assaulting him. Evidence was presented to the District Attorney by Mr. Roberts that the defendant was at work at the time of the alleged assault. Furthermore, medical evidence showed that he suffered from erectile dysfunction, high blood pressure, and prostate problems. The charges were dismissed and not presented to the Grand Jury.
State vs. Jane Doe (2011)

The defendant, a nurse and mother of three, got into an argument with her husband. A scuffle ensued in which her husband was allegedly cut on his arm and received a black eye. The wife was formally accused of battery and assault. After an investigation of the facts and background of the parties, the State dismissed all charges.

State vs. John Doe (2011)

A fifteen-year-old boy was accused of sexually abusing his brother over a period of time. The crimes charged constituted one of “seven deadly sins” that gave the State the option of trying the boy as an adult, which could have resulted in a thirty-year prison sentence. The defense by Mr. Roberts consisted of testing of the youth by a forensic psychologist and other medical experts. Mr. Roberts was successful in having the case returned to Juvenile Court. The youth was given two years of probation, with counseling, and he was not put on the sex offender registry by the State.
State vs. John Doe (2011)

The defendant was indicted along with two other individuals for theft by receiving. The State alleged that the defendant had assumed someone’s identity and then ordered a substantial number of high-end pieces of video equipment to be delivered to a storage facility owned by one of his friends. The GBI conducted a “sting” operation and arrested the defendant at the storage location, as he was allegedly attempting to move the items elsewhere. The defense presented by Mr. Roberts was that the defendant had no knowledge that the items were stolen, and that his client was just doing a friend a favor by moving the items for him. The State dead docketed the charges, resulting in dismissal.
State vs. John Doe (2011)

The defendant, a businessman from Florida, and his wife and two children were camping at Stone Mountain. They had a large camper in which they were all staying. An argument ensued and the wife locked the defendant out of the camper. The defendant attempted to get back in the locked camper and broke a window. The police were called. The defendant was arrested for assault and terroristic threats. After an investigation and presentation of other evidence to the District Attorney, the case was dismissed and not presented to the Grand Jury.
State vs. Jane Doe (2010)

The defendant was a businesswoman in Atlanta. She was charged with DUI. She had been at home drinking wine, but had also taken an Ambian for sleep. At about 2:00 am, a neighbor reported a car struck a fence in front of his house. When he emerged, the car was there, and the defendant was observed climbing a gate into his back yard. Police arrived and arrested the defendant for DUI. The case was prepared for trial. Involuntary intoxication and lack of intent were the defenses proffered by Mr. Roberts. On the day of trial, all charges were dismissed by the State.
State vs. John Doe (2008-2010)

Defendant was a teacher alleged to have fondled a student during a tutoring session. He was arrested and fired from his teaching job. The State sought to revoke his teaching license. After an extensive investigation, the results of which were turned over the District Attorney, the State dropped its prosecution and dismissed all charges. At a subsequent two-day Professional Standards Commission Hearing before an Administrative Law Judge, the ALJ ruled in the defendant’s favor and his license was restored.
State vs. John Doe (2008)

Alleged DUI and Reckless Driving – The defendant, a Vietnamese individual who spoke very little English, was arrested on I-85 and charged with reckless driving and DUI. After a thorough investigation utilizing the services of a former state trooper as an expert in field sobriety evaluations, the State dismissed all charges prior to trial. The defendant retained his drivers license.
State vs. Jane Doe (2007-2008)

The defendant got into an altercation with her husband during which she picked up a kitchen knife, stabbing him and causing superficial wounds. She was arrested for aggravated assault and aggravated battery. A check into the marital history indicated a pattern of abuse by the husband. After presenting extensive evidence of self defense to the prosecutor, along with what would have been Chandler evidence (prior abuse by the husband), the State dismissed all charges.
Jane Doe vs. John Doe (2007)

Temporary Protective Order – A neighbor sought to have Mr. Roberts’ client cited for harassment, stalking, and several other incidents seeking a protective order. After a lengthy hearing before a Magistrate, the Protective Order was denied.
State vs. John Doe (2008-2010)

Defendant was accused by the ex-wife of molesting his three-year-old daughter. A child statement was taken at the Georgia Center for Children leading to a subsequent indictment alleging four counts of child molestation. The defendant was 40 years old, had no prior record, and was indeed a part-time teacher. Mr. Roberts was able to obtain medical records, the child’s counseling records, and the mother’s counseling records, all of which were exculpatory. After a five-day trial in Fulton County, the defendant was acquitted of all charges.
State of Florida vs. John Doe (2005)

The defendant along with several other teenagers was accused of burglarizing and vandalizing a golf course clubhouse. Numerous items were taken in the burglary. After an extensive investigation and presentation of evidence to the District Attorney, the charges were dismissed by the State of Florida.
U.S. vs. John Doe (2004)

The defendant had lived in Mobile, Alabama for several years. While there he was alleged to have been part of a college group of students distributing LSD on campus. The investigation took two years by which time the defendant had moved to Alaska. The defendant was arrested in Alaska and returned to Alabama for trial. The defendant had by then been indicted in Federal Court on conspiracy charges. The U.S. Attorney was originally recommending 200 months incarceration. After extensive hearings and motions in U.S. district court in Florida, the defendant was allowed to plead to lesser charges and received a probated sentence requiring no jail time. The defendant has since gone on to a successful career in the music industry.
State vs. John Doe (2010)

The defendant was a college student charged with public intoxication, disorderly conduct, and criminal damage to property. He had allegedly gotten intoxicated and damaged a taxi. He was charged with several offenses arising out of this conduct. After an investigation and discussions with the officers involved, all charges were dismissed and the defendant’s record was successfully expunged.
State vs. John Doe (2003)

Alleged Vehicular Homicide – Defendant and his wife were driving in a rain storm when their car hydroplaned and struck another vehicle causing it to plunge over an embankment. A passenger in the other vehicle died. The defendant was charged with several driving offenses and misdemeanor vehicular homicide. Employing an accident reconstruction expert, Mr. Roberts was able to successfully claim an accident defense. All charges against the defendant were dismissed. (The civil attorney representing the defendant was able to use Mr. Roberts’ investigation to successfully settle a related civil suit.)
U.S. vs. John Doe (2002-2004)

Defendant and several others were accused of smuggling drugs through the Atlanta airport. Prior to any arrest the defendant retained Mr. Roberts as his attorney. After extensive negotiations with the U.S Attorney’s Office, no charges were ever proffered against Mr. Roberts’ client.
State vs. Jane Doe (2008)

In an encounter with a state trooper, the defendant was accused of aggressive driving, reckless driving, and speeding on the interstate. The defendant was a successful business woman. After obtaining video tape from the troopers’ vehicle, all but one charge was dropped, and she was allowed to plead to disorderly conduct. She was able to retain her license.
State vs. John Doe (2009)

The defendant was driving his vehicle in Virginia Highlands and struck a mailbox. He drove to a friend’s house and fell asleep in his car. He was approached by Atlanta Police while still in his vehicle several hours later. He was charged with DUI, reckless driving, and hit and run. (No one was injured in the incident.) Mr. Roberts was able to negotiate a plea for the defendant (a U.S Service Man on leave) resulting in no jail time and the DUI was dismissed. The defendant was able to keep his driver’s license.
State v. John Doe (2006-2008)

Charges: Child Molestation (2 Counts)

County: Dekalb County Superior Court

State’s Case: The Defendant was the 53 year old boyfriend of the mother of a four year old boy who claimed Defendant had molested him in the mother’s home. After extensive pre-trial investigations and two years of work, the child was proven to have been untruthful.

Results: All charges were dismissed by the Dekalb County District Attorney’s Office.

State v. John Doe (2007-2008)

Charges: Computer Trespass; Possession of Child Pornography

County: Fulton County Superior Court

State’s Case: Defendant was a 30 year old teacher with no record. A neighbor accused him of hacking into his computer network and downloading child pornography. The police arrested Defendant and charged him with computer trespass and possession of child pornography.

Results: All charges were dismissed by the Fulton County District Attorney’s Office.

State v. John Doe (2007-2008)

Charges: Child Molestation (1 Count)

County: Dekalb County Superior Court

State’s Case: The Defendant was a 17 year old high school student who had agreed to babysit his neighbor’s 8 year old son for two weeks. The boy told his mother that the Defendant made him sit in his lap and “touched his bottom”.

Results: After extensive pre-indictment investigation including a psycho-sexual evaluation and an extensive preliminary hearing which revealed many inconsistencies in the complainant’s story, all charges were dismissed by the Dekalb County District Attorney’s Office.

State v. John Doe (1994)

Charges: Sexual Battery (3 Counts)

Sexual Assault Against Persons in Custody (3 Counts)

County: Newton County Superior Court

State’s Case: Defendant was a high school teacher who was accused of fondling the buttocks of three teenaged girls at school, over a period of several days. They all made an outcry to a counselor at school. The Defendant was indicted for the above charges.

Results: After a six day jury trial, Defendant was acquitted of all charges.

State v. John Doe (1995)

Charge: Rape

County: Dekalb County Superior Court

State’s Case: Defendant was a deaf 26 year old carnival worker. He and another deaf companion picked up a woman at a dance club. Both were alleged to have raped her after driving her away from the club.

Results: After an eight day trial using deaf interpreters, the Defendant was acquitted of rape.

State v. John Doe (1993)

Charges: Second Degree Vehicular Homicide

County: Gwinnett County State Court

State’s Case: Defendant was an 18 year old high school honor student. After a power outage due to an ice storm, he went through an intersection (the control devices were not working) and struck another vehicle, killing the other driver.

Results: After a four day trial, the Defendant was acquitted.

State v. John Doe (1996)

Charges: Armed Robbery and Burglary

County: Dekalb County Superior Court

State’s Case: Two victims were robbed at gunpoint in their home in the middle of the night. Both victims identified the Defendant as one of the perpetrators. The Defendant pawned several items taken in the robbery four days later, which was captured on camera.

Results: After a week long trial, Defendant was acquitted of the charges.

In Re: BB (an infant) (2003)

Charges: Aggravated Battery, Shaken Baby Syndrome

County: Fulton County Superior Court

State’s Case: The Defendants were the parents of a five week old baby boy. The parents were suspected of shaking the baby, causing severe brain injury.

Results: Petition for Deprivation of Parental Rights was dismissed by the Attorney General’s Office. Following the dismissal, the Fulton County Police declined to prosecute.

State v. John Doe (2000)

Charges: Motor Vehicle Theft

County: Dekalb County Superior Court

State’s Case: The Defendant was accused by his former girlfriend and another witness of stealing her car from her driveway. The car was found burned the next day. They both stated they saw Defendant drive her car away in broad daylight. Prior counsel had stipulated a polygraph on both witnesses, which they had passed. At trial, the Defendant presented his own expert polygrapher to dispute the results of the stipulated polygraph. The Defendant testified that he did not steal the car.

Results: After a week long trial, the Defendant was acquitted.

State v. John Doe (1996)

Charges: Child Molestation (5 Counts)

County: Forsyth County Superior Court

State’s Case: The Defendant had been convicted of molesting his sixteen year old stepdaughter over a period of several months. Mr. Roberts got his case reversed on appeal (see Flowers v. State, 220 Ga. App. 814 (1996)).

Results: The District Attorney’s Office declined to further prosecute and all charges were dismissed.

State v. John Doe (1998)

Charges: Murder, Armed Robbery, and

Violation of the Georgia Controlled Substance Act

County: Dekalb County Superior Court

State’s Case: Defendant and three others went to the home of an acquaintance to purchase drugs. During the transaction, the victim was shot and robbed of money and drugs. All four were accused of murder, armed robbery and VGCSA.

Results: The Defendant’s charges were reduced to criminal attempt to commit VGCSA. All other charges were dismissed and he received no jail time.

State v. John Doe (1992)

Charges: Child Molestation

County: Fulton County Superior Court

State’s Case: The Defendant’s ex-wife reported to authorities that Defendant had molested their five year old daughter. The Defendant was arrested for child molestation. During the District Attorney’s investigation, his visitation rights were terminated.

Results: The Fulton County District Attorney’s Office declined to prosecute.

State v. John Doe (1993)

Charges: Criminal Use of Fighting Words, Simple Assault

County: Clayton County Superior Court

State’s Case: The Defendant was a union organizer for the Northwest Airlines Mechanics Union. At a union meeting he called a rival organizer a “f___ing scumbag” while wildly flailing his arms about and gesturing in front of numerous witnesses. He was arrested and tried for “fighting words” and simple assault.

Results: After a four day trial, the Defendant was acquitted of all charges.

State v. John Doe (2001)

Charges: Aggravated Sodomy

County: Dekalb County School Board – Dekalb Juvenile Court

State’s Case: The Defendant was a 16 year old high school student. He was accused of forcing a 15 year old girl to orally sodomize him after school. There were two “corroborating” witnesses.

Results: After a full tribunal hearing and an appeal to the full Dekalb County School Board, the charges were dropped and juvenile authorities declined to prosecute.

State v. John Doe (2000)

Charges: Child Molestation, Sexual Exploitation of a Minor

County: Gwinnett County Superior Court

State’s Case: The Defendant was accused of molesting his 12 year old stepdaughter. Mr. Roberts conducted an extensive investigation and interviewed the child. The child eventually claimed she had dreamed the whole thing.

Results: All charges were dismissed by the Gwinnett County District Attorney’s Office.

State v. John Doe (2003)

Charges: Aggravated Assault

County: Dekalb County Superior Court

State’s Case: The Defendant was the live-in girlfriend of an Atlanta businessman. She allegedly stabbed him in the shoulder and upper left arm, causing him to lose consciousness due to loss of blood. She claimed he was abusing cocaine and threatening bodily harm to her, but admitted to the stabbing.

Results: After a thorough preliminary hearing and a thorough forensic investigation, the Dekalb County District Attorney’s Office dismissed all charges.

State v. John Doe (2006)

Charges: Theft by Taking

County: Dekalb County Superior Court

State’s Case: The Defendant was the business partner in a model building company. The partnership broke up and the complainant hired a forensic accountant who calculated that the Defendant stole over $300,000.00 from the company. The Defendant was indicted in Dekalb County Superior Court.

Results: After a week long trial, the Defendant was acquitted of all charges.

The United States v. John Doe (2004)

Charges: Conspiracy, Theft, Fraud

County: United States District Court, Southern Circuit, Savannah

Government’s Case: The government alleged that Defendant conspired with others to obtain money and property from the Republic of S’waiziland by fraudulently causing their government to believe they would open a baby food factory. Funds were obtained from the government for this but no factory was ever built. Defendant was under grand jury investigation for over one year.

Defense Counsel: Steve Roberts and Bob Wilson

Results: After an independent defense investigation, the government did not arrest the Defendant. The government did indict the other conspirator, who was convicted.

State v. John Doe (2006)

Charges: Theft by Taking, Theft of Government Property

County: Dekalb County Superior Court

State’s Case: Defendant worked for the Dekalb School Board in the security department. The State alleged that he stole several computers from the school system (and engaged in other wrongdoing). The computers in question were located in his home.

Results: After a week long trial, the Defendant was acquitted.

State v. Jane Doe (2007)

Charges: Violation of Georgia Controlled Substance Act

County: Douglas County State Court

State’s Case: The Defendant was driving her own car with a male passenger. Upon being stopped for a traffic violation, marijuana was located in the back floorboard, on top of the Defendant’s purse.

Results: The State dismissed the charges on the Defendant after motions, the day the trial was to begin.

State v. John Doe (1996)

(Minor tried as an adult)

Charges: Rape

County: Dekalb County Superior Court

State’s Case: The Defendant and three others were indicted for raping a 17 year old classmate. They had picked her up at her house at 2:00 AM and kept her out until 8:00 AM the next morning. She was found by a paper delivery person, crying and saying she had been raped by all four Defendants.

Results: After a two week trial, the Defendant was acquitted.

State v. John Doe (1995)

Charges: Armed Robbery

County: Dekalb County Superior Court

State’s Case: The Defendant and two juvenile companions were accused of the armed robbery of a sporting goods store. They were facing twenty years in prison. All were positively identified as the perpetrators by the two store employees.

Results: After a week long trial, the Defendant was convicted of a misdemeanor and served no time in jail.

State v. John Doe (2005)

Charges: Armed Robbery

County: Dekalb County Superior Court

State’s Case: The Defendant was a high school golf star who eventually got a college scholarship for golf. He and a co-defendant were arrested for the armed robbery of a golfer at the Charley Yates Golf Course. Both were positively identified by the victim.

Results: After a thorough defense investigation, all charges were dismissed by the Dekalb County District Attorney’s Office. The arrest record of the Defendant was expunged.

The United States v. John Doe (2004)

Charges: Conspiracy to Import Cocaine

County: United States District Court, Northern District of Georgia

Govt.’s Case: The Defendant and two others were charged in Federal District Court with conspiracy to smuggle large amounts of cocaine into the United States. Defendant worked as a baggage handler for a large air line. One of the three was given immunity for becoming a government witness against the Defendant.

Results: All charges were eventually dropped. The Defendant was never tried.

State v. John Doe (1997)

Charges: Child Molestation (2 Counts)

County: Dekalb County Superior Court

State’s Case: The Defendant was a teacher with twenty four years of teaching experience. The State alleged he had fondled two fourteen year old girls (sisters) when he was signing them up for a summer school class at their home. He was arrested when this was reported to school officials and their father the day after the alleged incident.

Results: After an exhaustive investigation by the defense, the charges were not proved by the school system and the Dekalb County District Attorney’s Office, upon review of the defense investigation, dismissed all charges.

State v. John Doe (1998)

Charges: Child Molestation (5 Counts), Cruelty to Children (5 Counts)

County: Coweta County Superior Court

State’s Case: The State alleged that Defendant took baths with his 4 daughters, ages (3-9), and performed numerous inappropriate acts with them and in their presence, including several acts of coprophelia. The State was recommending a twenty year sentence for Defendant.

Results: The charges were reduced to one count of Cruelty to Children and Defendant pled to time served, and was not required to register as a sex offender.

State v. John Doe (1996)

Charges: Child Molestation, Enticing a Child for Indecent Purposes

County: Coweta County Superior Court

State’s Case: The State alleged that Defendant contacted a fifteen year old high school student online and arranged to meet her in a parking lot in Coweta County. They did meet and she alleged that he fondled her.

Results: The charges were reduced and the Defendant was allowed to plead to only Enticing a Child and was not required to register as a sex offender.

State v. John Doe (2004)

Charges: Felony Murder

County: Dekalb County Superior Court

State’s Case: The Defendant shot her husband in the head when she mistook him for an intruder. She thought he was asleep in another part of the house. After the State discovered several insurance policies with the Defendant as the beneficiary, the State charged her with felony murder.

Results: After a defense investigation, including polygraphs and a forensic investigation, the State reduced the charges to misdemeanor involuntary manslaughter. The Defendant was given a 12 month suspended sentence.